الالتزام بالتسبيب في العقد – دِراسة مُـقارنة

Obligation to give cause in the contract ( a comparative study)

Abstract

When we are exposed to the issue of disabilities, most of the legal studies refer to within the procedural laws being important guarantees when judicial judgment is issued, but its approval in the nodal relations, a jurisprudence and judicial controversy, especially in the jurisprudence and the French judiciary As an idea of this commitment, as well as the ambiguity surrounding the idea of taking abuse as well as mixing with other legal conditions, especially the cause of the reason, and whether we need to be particular with alternative means as a good faith and arbitrarily Use the right, adherence to pading one of the new concepts, ideas and those who recently emerged in the nodal relations, which is important for balanced nodalization and control of the behavior of its limbs, and reducing conflict between And the protection of their interests, and the emergence of new legal obligations in civil laws is a familiar and normal for the contemplation of economic and social variables, as well as bridging the legislative vacuum, which has not been undertaken by the general rules and the realization of the contract of contractors.
We are subjected to applications for this commitment, therefore compliance with several applications in the different decade starting from the contract to be implemented to its implementation, whether expressly emerged through the context and purposes of legal text, and show us Through its applications, as a protectionist mechanisms for achieving legal safety and stability, through the prevention of a term that has contractual powers to use its position to dismiss himself or relates to the contractual obligation or a justification.
With regard to the provisions of this commitment, they have made their commitment to discrimination. They have not exceeded some applications, including the reference to it, they did not establish an organization for his employment controls. They did not show the penalty for his violation, and is likely to its modernity He was an idea in developing legal consumption, and based on the advancement of our research on this subject (commitment to discrimination in the contract – comparative study) and has adopted an analytical approach by analyzing legal texts, jurisprudential opinions and judicial proceedings on the subject of research, The comparative approach and French Civil Code was compared to the idea of this commitment, with the situation in Iraqi civil law and Egyptian civil law, with reference to the special laws that included texts for this commitment, taking the importance of the Islamic jurisprudence and asked several questions Axial, and our jurisprudence and eliminate the jurisprudence and the elimination of most of the issues and enabled us with a group of conclusions and recommendations.